Debt Too Old Or Can I Get Served A Statutory Demand?

[dive1082]

Hi all, I am new here and found the group by searching the net for info on Statutory Demands.

 

I have been contacted on numerous occasions by a company called "capquest". They say that I owe them £12,700 from a debt I owed egg banking. The debt was over 8 years ago and on my credit file it show's as "setled".

 

The company are now threatening me with a "statutory Demand" for the debt. I thought the debt was too old to recover so can the company do this? Does anyone think they are serious? Can anyone give me any advice?

 

They haven't actually served me yet but is there an actual time limit on debt?

[Michael Browne]

If you have not acknowledged the debt in writing or made any payments in the last 6 year, then the debt is Statute Barred, ie unenforceable. That doesn't prevent them asking you to settle the debt, it just means that you can say 'It's statute barred, ***k off'

 

The same applies to a statutory demand, but if they do issue one (and it costs them nothing to do so), you must apply to have it set aside.

[cerberusalert]

Send them this;

 

Dear Sir/Madam

 

Acc/Ref No

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I wish to point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

I should also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

Yours faithfully

 

Print Name do not sign

[dive1082]

Dear all,

 

Fantastic advice many thanks. In this climate, and the prospect of losing my job, I may be needing more advice from the site.

 

It's great to see dedicated people willing to help others.

 

Keep it up...

[JonCris]

dive be cautioned you MUST only communicate in writing & head every letter with the term "None prejudicial as to liability" Furthermore try not to even mention the alleged debt refer to "the subject of your last communication dated" etc You'll be amazed at the lengths some will go in an attempt to claim you have acknowledged the debt

[dive1082]

dive be cautioned you MUST only communicate in writing & head every letter with the term "None prejudicial as to liability" Furthermore try not to even mention the alleged debt refer to "the subject of your last communication dated" etc You'll be amazed at the lengths some will go in an attempt to claim you have acknowledged the debt

 

Hi, thanks for the advice. I will do as you say. Wouls you advise on adjusting the above letter template to take out the reference of the last payment?

 

Thanks in advance...

[lickthewallfatboy]

and NEVER sign anything you send to them

 

adobe photoshop is a fantastic program and is able to be utilised in a creative manner,if you get my drift

[JonCris]

Hi, thanks for the advice. I will do as you say. Wouls you advise on adjusting the above letter template to take out the reference of the last payment?

 

Thanks in advance...

 

 

YES